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Robert H Nagle

Robert Nagle’s Answers

69 total


  • Can I safely let a house go into foreclosure that was under a deceased person's name and underwater?

    In Arizona, can I let a home go into foreclosure that I was supposed to inherit if it is underwater and I do not want to take it on? Can the lender come after any assets of the estate?

    Robert’s Answer

    Assuming you are in Arizona and the property qualifies for anti- deficiency protection, then yes, that is certainly a viable option. If there are any non-purchase money loans, it will be important to assess how those might impact assets remaining in the estate.

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  • Is a verbal contract between a Landlord and all tenants binding?

    I along with to other roommates rented a property. only 2 out of 3 were on the lease. A verbal contract was made to release one and put 3rd on lease in place of the one. However, 2 weeks befor new lease was to take place tenants 1 and 3 decided to...

    Robert’s Answer

    In general, verbal agreements with respect to real estate are not enforceable. So, questions regarding the text you reference include asking whether T2 replied back (a text to one without a reply doesn't prove T2 had agreed). Plus, what about a writing with T1 and T3? So, without sitting down, reviewing the original lease, getting some input from Landlord to understand where they are coming from, it's difficult to go beyond stating that the original 2 people who signed the lease as tenants are still on the hook for the lease. From there, if one of the 2 fails to perform, then, if the lease states that the 2 are liable "joint and severally", then yes, the landlord can go after just the one person, although that person could then pursue the other for their share.

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  • I have 1 mortgage on my home and one on my pool. My house auction is July 18th. Will my pool mortgage be forgiven in auction?

    I need to find out if my pool mortgage will be forgiven and if I still have time to short sell?

    Robert’s Answer

    If your pool loan was taken out as part of the purchase of the house with the intent that it would be used to put in the pool, then the lender will likely not be able to pursue you. However, this is uncommon. As suggested above, if you took the loan out after purchase, you will have liability. However, to be safe, you should get your house listed ASAP, since a short sale can lead to a definitive answer. Many lenders will delay a foreclosure if you have submitted an offer you've accepted along with all paperwork required. I appreciate that the other attorneys are willing to speak with you but you are very short on time. The market is very good for sellers right now, and, if your home is worth less than $250k, you should have no problem getting offers very, very quickly. Let me know if you need a list of agents I refer to. I want you to know that I have no ties whatsoever with the agents on my list; they are simply agents I have confidence in and who have handled many short sale transactions.

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  • The house that my ex and I had has now been paid off and I want to do a quit claim deed to take my name off the title.

    I have remarried since and so my name is now different then what is on the title. Is this going to be a problem when we fill out the quit claim deed? The divorce papers did say he was getting the house and he paid it off.

    Robert’s Answer

    • Selected as best answer

    The key is to make sure the quitclaim makes clear that the person signing below as "Mary Lamb" was formerly known as "Mary Sheep". This way, when title companies search the public records in the future, there will be a clear chain of title.

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  • I signed a lease 10 days ago for a place that doesnt start for 2 months. They only gave me a 3 day grace period. Am I stuck?

    This is in Arizona.

    Robert’s Answer

    The starting point towards an answer is to look to your lease. What does it say regarding due date for rent?

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  • Currently renting house in AZ and our lease is up and owner is doing a short sale. what would happen if I don't pay rent?

    Our lease is un in June and the landlord is no longer paying his mortgage since he is going through a short sale. How much trouble would I get into if I stop paying rent and what could the landlord do? Thank you

    Robert’s Answer

    I agree with the other answer with respect to what happens if you stop paying rent. But, absent a provision in your lease that states that upon a change in ownership your lease automatically expires, the sale of the property via a short sale has no impact on you at all. The new owner becomes the new landlord, and they must honor your lease.

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  • I will be awarded the home in my divorce that I owned before the marriage. Is quit claim deed needed?

    I am going thru a divorce right now and my husband has signed a consent decree with me awarded the home. The title and morgage is held in my name only as unmarried with no loans taken out during the marriage against the property. Is that sufficien...

    Robert’s Answer

    I'd just like to add that it's just "cleaner" to have your soon to be ex quitclaim any claim to an interest in the house. While not common, sometimes issues arise post-divorce and this is one way to ensure that your house doesn't get tied up in any disputes.

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  • The reason I ask this question about a short sale is I have a neighbor that put their home on a short sale March 8th 2012 and it

    My name is Diana

    Robert’s Answer

    Diana, I'm not following what your question is.

    Robert

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  • My landlord is saying he is doing a short sale now, asking me to sign a new lease with a lessor payment but a lease

    that says a potential buyer can come and view the house, do i need to sign this new lease, does him saying he is going to offer a new lease void the contract of the old lease? He sent us a letter saying we can vacate the property at any time, doe...

    Robert’s Answer

    In addition to the guidance offered in the preceding response, keep in mind that there are Federal laws in place to protect you and the current lease you have should your landlord end up losing the home in foreclosure, laws that, for the most part, will allow you to continue with your existing lease as-is. I raise this because the law requires that "the tenant not be paying substantially less than fair market value". So, while it would be great to have a lower rent, if it's too low and the landlord's ownership interest is foreclosed, you may end up getting kicked out.

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  • What is the sellers responsibility when a/c units are not working properly before purchase?

    We haven't closed yet. The inspector said the unit needs to be replaced, An a/c person came and looked at it and he said the same thing. The temp inside the house will not go below 81 degrees. Living in AZ thats not livable

    Robert’s Answer

    In general, my colleagues are correct. However, assuming you signed the standard form agreement used by realtors in AZ, then I direct you to lines 166-168, which provide "Seller warrants and shall maintain and repair the Premises so that at the earlier of possession or COE: (i) all heating, cooling.. systems... will be in working condition, ..." I would suggest looking at the Seller Property Disclosure Statement to see if the Seller represented that the a/c was working.

    This potential conflict between the provisions is one of the reasons why it's important to use a residential real estate attorney when buying or selling a home.

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